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NY K80307




October 24, 2003

CLA-2-95:RR:NC:SP:225 K80307

CATEGORY: CLASSIFICATION

TARIFF NO.: 9503.90.0080

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Light Up Soft Fun Ball” from China.

Dear Ms. Aldinger:

In your letter dated October 20, 2003, you requested a tariff classification ruling.

You submitted a sample of a “Light Up Soft Fun Ball” identified as item number 934451. The item is a see-through orange rubber ball that measures approximately 3 inches in diameter and is covered with soft 1/8” spikes. Inside the ball is a smaller ball that measures approximately 1” in diameter and contains an LED light and battery. When the ball is bounced or squeezed, the light inside flashes red. The item will be imported in 2 colors: orange and yellow, and is intended to provide frivolous amusement. The item is packaged in plastic on a hanging blister card.

The applicable subheading for the“ Light Up Soft Fun Ball” identified as item number 934451 will be 9503.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys; reduced-size ("scale") models and similar recreational models, working or not; puzzles of all kinds; parts and accessories thereof: Other: Other.” The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alice Wong at 646-733-3026.

Sincerely,

Robert B. Swierupski
Director,

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